Iowa Admin. Code r. 281-14.2

Current through Register Vol. 46, No. 22, May 1, 2024
Rule 281-14.2 - [Effective until 5/22/2024] Special health

services. Some individuals need special health services to participate in an educational program. These individuals shall receive special health services along with their educational program.

(1)Definitions. The following definitions shall be used in this rule, unless the context otherwise requires:

"Assignment and delegation" occurs when licensed health personnel, in collaboration with the education team, determine the special health services to be provided and the qualifications of individuals performing the health services. Primary consideration is given to the recommendation of the licensed health personnel. Each designation considers the individual's special health service. The rationale for the designation is documented.

"Co-administration" is the eligible individual's participation in the planning, management and implementation of the individual's special health service and demonstration of proficiency to licensed health personnel.

"Educationalprogram" includes all school curricular programs and activities both on and off school grounds.

"Education team" may include the individual, the individual's parent, administrator, teacher, licensed health personnel, and others involved in the individual's educational program. The education team may be the team required by the Individuals with Disabilities Education Act or Section 504 of the Rehabilitation Act of 1973 if the child is eligible under either of those statutes.

"Health assessment" is health data collection, observation, analysis, and interpretation relating to the individual's educational program.

"Health instruction" is education by licensed health personnel to prepare qualified designated personnel to deliver and perform special health services contained in the eligible individual's health plan. Documentation of education and periodic updates shall be on file at school.

"Individual health plan" is the confidential, written, preplanned and ongoing special health service in the educational program. It includes assessment, nursing diagnosis, outcomes, planning, interventions, evaluation, student goals, if applicable, and a plan for emergencies to provide direction in managing an individual's health needs. The plan is updated as needed and at least annually. Licensed health personnel develop this written plan with collaboration from the parent or guardian, individual's health care provider or education team.

"Licensed health personnel" means a licensed registered nurse, licensed physician, licensed physician assistant, or other licensed health personnel legally authorized to delegate or provide special health services and medications under the auspices of the school.

"Prescriber" means licensed health personnel legally authorized to prescribe special health services and medications.

"Qualified designated personnel" means a person instructed, supervised, and competent in implementing the eligible individual's health plan.

"Special health services" includes, but is not limited to, services for eligible individuals whose health status (stable or unstable) requires:

1. Interpretation or intervention,
2. Administration of health procedures and health care, or
3. Use of a health device to compensate for the reduction or loss of a body function.

"Supervision" is the assessment, delegation, monitoring, and frequency of evaluation and documentation of special health services by licensed health personnel. Levels of supervision include situations in which:

1. Licensed health personnel are physically present.
2. Licensed health personnel are available at the same site.
3. Licensed health personnel are available on call.
(2)Special health services policy. Each board of a public school or the authorities in charge of an accredited nonpublic school shall, in consultation with licensed health personnel, establish policy and guidelines for the provision of confidential special health services in conformity with this chapter. Such policy and guidelines shall address the following:
a. Licensed health personnel shall provide special health services under the auspices of the school. Duties of the licensed health personnel include:
(1) Participating as a member of the education team.
(2) Providing the health assessment.
(3) Planning, implementing and evaluating the written individual health plan.
(4) Planning, implementing and evaluating special emergency health services.
(5) Serving as a liaison and encouraging participation and communication with health service agencies and individuals providing health care.
(6) Providing health consultation, counseling and instruction with the eligible individual, the individual's parent and the staff in cooperation and conjunction with the prescriber.
(7) Maintaining a record of special health services. The documentation shall include the eligible individual's name, special health service, prescriber or person authorizing, date and time, signature and title of the person providing the special health service and any unusual circumstances in the provision of such services.
(8) Reporting unusual circumstances to the parent, school administration, and prescriber.
(9) Assigning and delegating to, instructing, providing technical assistance to and supervising qualified designated personnel.
(10) Updating knowledge and skills to meet special health service needs.
b. Prior to the provision of special health services, the following shall be on file:
(1) A written statement by the prescriber detailing the specific method and schedule of the special health service, when indicated.
(2) A written statement by the individual's parent requesting the provision of the special health service.
(3) A written report of the preplanning staffing or meeting of the education team.
(4) A written individual health plan available in the health record and integrated into the IEP or 504 plan, if applicable.
c. Licensed health personnel, in collaboration with the education team, shall determine the special health services to be provided and the qualifications of the individuals performing the special health services. The documented rationale shall include the following:
(1) Analysis and interpretation of the special health service needs, health status stability, complexity of the service, predictability of the service outcome and risk of improperly performed service.
(2) Determination that the special health service, task, procedure or function is part of the person's job description.
(3) Determination of the assignment and delegation based on the individual's needs and qualifications of school personnel performing health services.
(4) Review of the designated person's competency.
(5) Determination of initial and ongoing level of supervision, monitoring and evaluation required for safe, quality services.
d. Licensed health personnel shall supervise the special health services, define the level of frequency of supervision and document the supervision.
e. Licensed health personnel shall instruct qualified designated personnel to deliver and perform special health services contained in the individual health plan. Documentation of instruction, written consent of personnel as required in Iowa Code section 280.23 and periodic updates shall be on file at the school.
f. Parents shall provide the usual equipment, supplies, and necessary maintenance of the equipment, unless the school is required to provide the equipment, supplies, and maintenance under the Individuals with Disabilities Education Act and 281-Chapter 41 or Section 504 of the Rehabilitation Act of 1973. The equipment shall be stored in a secure area. The personnel responsible for the equipment shall be designated in the individual health plan. The individual health plan shall designate the role of the school, parents and others in the provision, supply, storage and maintenance of necessary equipment.
(3)Relationship between this rule and other laws and rules. In complying with this rule, for children who are eligible under the Individuals with Disabilities Education Act and 281-Chapter 41 or Section 504 of the Rehabilitation Act of 1973, the school health services must comply with any additional or differing requirements imposed by those laws based on a specific child's needs.

Iowa Admin. Code r. 281-14.2

Reserved by IAB December 9, 2015/Volume XXXVIII, Number 12, effective 1/13/2016
Amended by IAB October 11, 2017/Volume XL, Number 8, effective 11/15/2017
Amended by IAB June 28, 2023/Volume XLV, Number 26, effective 8/2/2023